Number
040606
Version
ORIGINAL
Reference
Sponsor
ALD. ZIELINSKI, PUENTE, BAUMAN, BOHL, WADE, McGEE AND HAMILTON
Title
An ordinance relating to charges for false alarms transmitted to the police and fire departments by private alarm systems.
Sections
105-75-9-d-5 rn
105-75-9-d-5 cr
105-75-14-a am
105-75-15 rc
105-75-16 cr
Analysis
Currently, the code provides a penalty for a private alarm system user who causes or permits the police or fire department to be notified of a false alarm. If either the police or fire department is notified of 2 false alarms within a calendar year, the alarm user shall be subject to a forfeiture of $50 for each false alarm received thereafter.
Under this ordinance, the false alarm penalty is eliminated and replaced by an "administrative charge" for false alarms. The amount of the administrative charge for the first false alarm in a calendar year is equal to the police or fire department's cost of responding to a false alarm plus a reasonable amount for administration costs (e.g., the cost of billing). For a second or subsequent false alarm in a calendar year, the amount of the administrative charge is the department's cost of responding to the alarm plus the administration costs plus $100. The alarm business that has a contract with the alarm user for monitoring the alarm user's alarm system, rather than the alarm user himself or herself, is billed for the false alarm administrative charge. If payment is not made within 30 days, the alarm business will be considered delinquent. Failure to pay the administrative charge, or to pay it within the 30-day period, shall be grounds for non-renewal or revocation of the alarm business license.
All revenue derived from the false alarm administrative charge shall be entered in the revenue account of one of 2 special revenue funds, one for the police department known as the "police department false alarm fund" and the other for the fire department known as the "fire department false alarm fund." Police department false alarm fund revenues shall be used for that department's efforts to combat crime. Fire department false alarm fund revenues shall be used for that department's fire prevention and fire-fighting efforts.
Body
Whereas, The Common Council seeks to reduce the number of false alarms transmitted by private alarm systems to the fire and police departments; and
Whereas, The Common Council believes that property taxpayers at large should not be responsible for the costs incurred by the City in responding to such false alarms; and
Whereas, The Common Council finds that the transmittal of false alarms can be discouraged by requiring alarm businesses to pay a false alarm "administrative charge" in an amount equal to the fire or police department's costs of responding to a false alarm, plus an additional penalty for second and subsequent false alarms; and
Whereas, The Common Council believes that revenues collected from the false alarm "administrative charge" should be returned directly to the police and fire departments; and
Whereas, It is the intent of the Common Council that revenues collected from false alarm administrative charges would thereby offset and reimburse the police and fire departments for all costs associated with responding to such alarms, and moreover provide additional funds that could be used to fill vacant authorized police officer and firefighter positions; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 105-75-9-d-5 of the code is renumbered 105-75-9-d-6.
Part 2. Section 105-75-9-d-5 of the code is created to read:
105-75. Private Alarm Systems and Regulations.
9. HEARING PROCEDURE.
d. Grounds for Non-Renewal or Revocation.
d-5. Failure of the licensee to pay any false alarm administrative charges or to make such payment in a timely manner, as provided in sub. 15-b.
Part 3. Section 105-75-14-a of the code is amended to read:
14. ALARM BUSINESS REQUIREMENTS.
a. Have a written contract with each alarm user whose alarm system they monitor which identifies the services to be provided by the alarm monitoring service. [[The contract must also state that if either the city's police or fire department is notified of 2 false alarms within a calendar year, the alarm user will be required to pay the city a forfeiture of $50 for each false alarm received thereafter.]]
Part 4. Section 105-75-15 of the code is repealed and recreated to read:
15. FALSE ALARMS. a. False Alarms Prohibited. No alarm business with one or more contracts with alarm users for monitoring private alarm systems shall cause or permit the city's police or fire department to be notified of a false alarm.
b. Administrative Charge. For the first false alarm in a calendar year transmitted to the police or fire department by an alarm business having one or more contracts with alarm users for monitoring private alarm systems, the police department or fire department shall charge the alarm business an administrative charge equal to the department's cost of responding to the alarm plus a reasonable amount for administration costs. For a second or subsequent false alarm in a calendar year, the administrative charge shall equal the department's cost of responding to the alarm plus the administrative costs plus $100. The police department or fire department shall send, by first-class mail, the invoice for the false alarm administrative charge to the alarm business with the contract for monitoring the alarm system at the address provided on the license application of the business. The alarm business will be considered delinquent if payment is not made in full within 30 days of the date of the invoice.
c. Appeals. The decision of the police or fire department to bill an alarm business for the false alarm administrative charge may be appealed to the administrative review appeals board, as provided in s. 320-11, within 30 days of the date of the invoice imposing the charge.
d. Special Revenue Funds. All revenue derived from the false alarm administrative charge shall be entered in the revenue account of one of 2 special revenue funds, one for the police department known as the "police department false alarm fund" and the other for the fire department known as the "fire department false alarm fund." Expenditures shall be accounted for in these funds. Police department false alarm fund revenues shall be used for that department's efforts to combat crime. Fire department false alarm fund revenues shall be used for that department's fire prevention and fire-fighting efforts.
Part 5. Section 105-75-16 of the code is created to read:
16. PENALTY. Any person violating any provision of this section shall, upon conviction, forfeit not more than $500, together with the costs of prosecution, and in default of payment shall be imprisoned in the county jail or house of correction not to exceed 20 days or until such forfeiture costs are paid.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB04319-1
JDO
09/01/04